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Transcript of Agra+Preweek+2012
Election Law Review – Justice AGRA (2012 Preweek Lecture)
1
Flow 1. Commission on Elections 2. Voters and Voter Registration 3. Elective Officials and Candidates 4. Campaign 5. Contributions and Expenditures 6. Elections: postponement and Failure 7. Automated System 8. Pre-Proclamation Cases 9. Post-Proclamation 10. Election Offenses
1. COMMISSION ON ELECTIONS
Enforcement: All election laws (persons and policies)
Judicial Power: Qualifications, Election Contests, Not suffrage
Jurisdiction: Original - Regional, Provincial and City;
Appellate - Municipal, Barangay and Sangguniang Kabataan
Recourse: En Banc (MR, administrative) and Division (1st instance, judicial)
Process: Division - MR to En Banc - Certiorari to SC
Judicial: Disqualification, Election Protest, Quo Warranto, “Pre-Proclamation,” Annulment of Proclamation
Administrative: Failure of Elections, Postponement of Elections, Election Offense, Annulment of Book of Voters
Contempt: Judicial (not Administrative)
2. VOTERS AND VOTERS QUALIFICATIONS
Concepts
Suffrage is a Right, Not an Obligation
Qualifications defined in Constitution
Procedural Requirements allowed, Substantive not allowed
Disqualifications defined in Statute
Must allow: Absentee Voting, Dual Citizens, Disabled and Illiterates to Vote
Qualifications
Filipino Citizen
At least 18 years of age on election day
Resident in Philippines for at least 1 year prior to election day
Resided in place wherein propose to vote for at least 6 months prior to election day
Free from Disqualifications
In order to vote, must be a registered voter Disqualifications
Sentenced by final judgment –imprisonment of 1 year or more
Sentenced to suffer accessory penalty – political rights
Adjudged by final judgment – crime involving disloyalty
Court-declared insane and incompetent persons
Deactivation
When Disqualified to Vote
Failed to Vote in 2 preceding elections
When Registration Excluded by the Court
When Lose Filipino Citizenship Opposition
What? Applications not yet acted upon
Where Oppose? Election Registration Board
Who may Oppose? Voter, Candidate or Political Party
When? Specified Period
How Oppose? File Written Opposition/ Challenge
Why Oppose? Not Qualified, Fictitious
Appearance? Mandatory if application opposed
Inclusion/Exclusion
What? Applications already acted upon
Where File? MTC (not Comelec), then RTC, then SC (question of law)
Grounds? Disapproval or Name Stricken Out (Inclusion); Not Qualified or Voter Not Real (Exclusion)
When? Specified Period
File Petition (refer to 1 precinct; ERB members as Respondents)
Service of Notice (4 modes)
Election Law Review – Justice AGRA (2012 Preweek Lecture)
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Any Voter, Candidate or Political Party may Intervene
Summary Proceedings (not conference inside Chambers)
Presentation of Evidence (No Stipulation of Facts; If voter not appear and fictitious voter is ground)
Decision within 10 days (Exclusion) or 15 days (Inclusion) from Filing
Appeal with RTC (5 days) Annulment of Book of voters
Annul What? Book of Voters per precinct
Where File? COMELEC
When Filed? Normally, after period to file inclusion/exclusion lapses
Who Files? Any Voter, EO or Party
What Grounds? Book Prepared Improperly, Preparation Attended with Vice or Fraud, Book contains Statistically Improbable Data (not qualification of voters)
Election Day Illegal Voter - Not registered; Use another name; Disqualified; Multiple Registrant (allowed to vote if properly identified) Illegal Act - Vote-Buying; Vote-Selling; Vote-Betting: Promise to induce or withhold vote (allowed to vote if take oath)
3. ELECTIVE OFFICIALS AND CANDIDATES
Elective National Office
President; Vice-President; Senators (24; 1/2); Representatives (District and Party-List)
Local Office
LCE: Governor, Mayor and Punong Barangay; VLCE: Vice-Governor and Vice-Mayor; Sanggunian Members; Sangguniang Kabataan
Party-List
Multi-Partism/ Party Loyalty/ Social Justice
Exclusive to Marginalized/ Nominees Organic
Only in House (20% of Total)
2% Threshold (and until filled up)
3-Seat Maximum Candidate
Definition: Seeks public office and files certificate of candidacy and campaign period has started
Effect of Non-Filing: Not a candidate (not liable for unlawful acts and omissions before becoming a candidate)
Effect of Filing: On Tenure of Incumbents (elective – remain in office; appointive – ipso facto resigned)
Substitution
2 Grounds – Death, Withdrawal and Disqualification (not allowed if violate term limit; CoC denied due course or cancelled – nuisance and material misrepresentation)
Both Substituted and Substitute must be Qualified
When? Up to mid-day of election day
Substitute? Qualified and Same Party
Substituted can no longer run for any other position/ Withdrawal not affect liabilities
Qualifications Set by the Constitution (for national) and statutes (for local)
Citizenship
Age
Residency
Registered Voter
Literacy
Free from Disqualifications
Undergo Drug Test under CDDA of 2002 (unconstitutional)
Disqualifications
Lack qualifications/ possess some disqualifications
Violate Term Rule (1-2-3 terms)
Commission of an election offense
Nuisance Candidate
Election Law Review – Justice AGRA (2012 Preweek Lecture)
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Sentenced by Final Judgment – accessory penalty
Willfully Commits Material Misrepresentation
No valid, timely and properly filed certificate of Candidacy
Lack of Qualifications
Where File: Comelec Division
When File: Before Proclamation
If Not File: Quo Warranto Commission of Election Offense
What Offenses? Vote-Buying, Terrorism, Unlawful Expenditures, Unlawful Campaign, Coercion of Subordinates, Threats, Prohibition against Release of Public Funds (other election offenses – file EO case – RTC hears)
Where File? Comelec Division
When File? Before Proclamation
If Not File? Election Protest and/ or Election Offense
Nuisance Candidate
Who Is? Campaign Capability, Intention, Performance, Exposure, Platform, Party Affiliation, Organization, Profession, Income, Health, Education, Name
Where File? Comelec Division
When File? Within 5 days from Last Day Filing of Certificate of Candidacy
If Not File: No remedy Misrepresentation
Misrepresentation must be Material (pertains to Qualifications and Disqualifications) and Willful/ Deliberate; Even if there is ‘Misrepresentation’ if actually Qualified – Not Disqualified
Where File? Comelec Division
When File? 25 days from Filing of CoC
If Not File: No remedy
4. CAMPAIGN:
Concept
Definition: Act designed to promote the election or defeat of a candidate
Determining Factor: Intent/ Design (not all acts of beneficence are considered campaigning) and Period (start of campaign)
Application: All Candidates for All Elective Offices
Current Framework: Regulated but Liberalized
Allowable Forms
Forming Organizations
Holding Rallies
Making Speeches
Distributing Campaign Materials
Soliciting Votes
Publishing Advertisements Propaganda
Paid Political Advertisements
Free Space and Airtime
Use of Gadgets and Billboards
Private Poster Areas
Posting in Private Places
Election Surveys and Exit Polls Written Forms
Printed Materials (8.5”Wx14”L)
Letters
Posters (2’x3’), Poster Areas (12’x16’)
Rally Streamers (3’x8’) Paid Ads
Print: 1/4th page in broadsheet, ½ in tabloid 3x a week
Television: 120 minutes (for national) and 60 minutes (for local)
Radio: 180 minutes (for national) and 90 minutes (for local)
Unlawful Forms/ Acts
Foreign Intervention
Removal or Destruction of Lawful Propaganda
Materials not Disclose Payor
Exceed Limits
Election Law Review – Justice AGRA (2012 Preweek Lecture)
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Transportation, Foods and Drinks During Rallies
Movie or Video on or by Candidate
5. CONTRIBUTIONS AND EXPENDITURES
Prohibited Contributions
Financing Institutions
Public Utility Operator
Natural Resources Explorer
Government Contractors
Franchise Holders
Donee Institution from Government
Educational Institutions
Foreigners/ Foreign Corporations Other Prohibited Acts
Not reveal true name of contributor
Not report all contributions
Exceed Limits (P10, P5, P3)
Not file Statement
Expenditures made by non-authorized persons
Lawful Expenditures
Use of Facilities
Travel
Compensation
Communications
Written Materials
Professional Pollwatchers
Office/ HQ
Advertisements
Meetings/ Rallies
Counsel*
Copying of List of Voters*
Sample Ballots*
Volunteers* (*Not Covered in Cap)
6. ELECTIONS
Postponement
Grounds: Force majeure, Violence, Terrorism, Loss or Destruction of Election Paraphernalia, and Analogous Causes
Extent: Serious and Impossible to have free and orderly elections
Conditions: Grounds must exist before voting
Authority: Comelec en banc (petition or motu propio); not BEI or election officers
Failure
Grounds: Force majeure, Violence, Terrorism, Fraud, and Analogous Causes
Extent: Failure to elect and affect results of elections
Failure - transfer of venue of counting without notice; No Failure – voting resumes after sporadic violence, landslide results, not affect outcome
Conditions: Election not held or suspended, After voting, During preparations or transmission of election returns, Canvassing
Authority: Comelec en banc (petition)
7. AUTOMATED ELECTIONS
Statutory Bases: RA 9369 amending RA 8436
Automated Election System: voting, counting, consolidating, canvassing, and transmission
Paper-Based or Direct Recording Election System: Ballots, Election Returns, Certificate of Canvass, Statement of Votes
Comelec Discretion: AES or AESs, Paper-Based or Direct Recording
Features: Use of Ballots, Stand-alone machine, with Audit Trails, Minimum Human Intervention and Security Measures
Voting Procedure before Board of Elections Inspectors: 1. Voter gets ballots from BEI 2. Voter fills up ballot in voting booth (spoil only 1x) 3. Voter affixes thumbmark on voting record 4. BEI applies indelible ink 5. Voter drops ballot in ballot box
Counting at Counting Center as ballots arrive (physical transport)
Precinct-Level Result: Printing of Elections Returns (30 copies) then Electronic Transmission to Board of Canvassers; Results loaded in Data Storage Devices
Election Law Review – Justice AGRA (2012 Preweek Lecture)
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Canvassing at BoC: Consolidation of Results in Data Storage Devices then Electronic Transmission to Comelec (Senate and Party-List) and Congress (President and Vice- President) and Proclamation
8. PRE-PROCLAMATION CASES
During Canvassing:
Allowed: Objections pertaining to Proceedings and Composition of BoC; Pollwatchers-related; Data-Storage Delayed, Destroyed, Falsified
No Material Defects, Manifest Errors under AES
Not Allowed: Rules of Appreciation; Violence, Voting Procedure, Eligibility of Voters
9. POST-PROCLAMATION:
Election Protest
Grounds: Fraud and Irregularities in Casting, Counting and Canvassing
Documents in Question: Ballots, ERs, CoCs and Data-Storage Devices
Venue: P/VP; Senators; Representatives; Regional; Province; City; Municipality; Barangay
Requirements: Filed by candidate; Within period; Protestee proclaimed; Payment of filing fee; Allegations of fraud; Identify precincts; Verified; Certificate of nonforum shopping
Procedure: Revision; Trial
If prosper: protestee removed, true winner proclaimed
Quo Warranto
Grounds: Disloyalty to Republic; Ineligibility
Venue: Same as Election Protest
If prosper: Respondent ousted; special elections or Succession
Annulment OF PROC.
Grounds: Proclamation based on irregular and illegal canvass
Venue: Comelec division
Effect: Proclamation annulled
10. ELECTION OFFENSES
Grounds: Violation of Election Code, Commission of Enumerated Prohibited Acts
Investigation: Law Department or Prosecutors
Filing of Information: Comelec en banc
Venue: Regional Trial Court
Effect: Disqualification, Fine/ Imprisonment